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A09705 Summary:

BILL NOA09705
 
SAME ASNo Same As
 
SPONSORMcDonough
 
COSPNSRFinch, Bichotte, Jaffee, Raia, Murray, Montesano, Giglio, Brabenec, Kearns, Markey, Lupinacci, Duprey, Castorina, Ra, Crouch, Hunter
 
MLTSPNSRButler, Cancel, Ceretto, Cook, Englebright, McLaughlin
 
Amd 1125, 1128-a & 1133, Ed L
 
Requires school administrators in private schools to report allegations of child abuse in an educational setting; includes private schools in the reporting requirements relating to child abuse in an educational setting.
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A09705 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9705
 
SPONSOR: McDonough
  TITLE OF BILL: An act to amend the education law, in relation to requiring school administrators in private schools to report allegations of child abuse in an educational setting   PURPOSE: To require school administrators in private schools to report allega- tions of child abuse in an educational setting.   SUMMARY OF PROVISIONS: Article 23-B requires, among other things, public school principals to forward reports of child abuse committed by school employees or volun- teers to "appropriate law enforcement authorities". It also forbids public school authorities' agreeing to withhold from law enforcement the fact that an allegation of child abuse has been made against a school employee or volunteer in exchange for the accused person's resignation or voluntary suspension. This legislation would include private schools in the aforementioned Article 23-B.   JUSTIFICATION: The absence of private schools from the requirements of Article 23-B is a serious gap in the legislative scheme of protection for the hundreds of thousands of children who attend these schools in New York State. Accounts of students being sexually abused by faculty in private school settings are all too common. Often, the administration's response was to protect the institutional reputation of the school at the expense of the ongoing safety of its students. In many instances, the faculty respon- sible for the abuse were neither terminated nor disciplined, and were permitted to remain on staff with the result that additional students were victimized. This legislation would require the private school administrators to report this alleged abuse, thereby, protecting their students.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   LOCAL FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A09705 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9705
 
                   IN ASSEMBLY
 
                                      April 5, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
          Committee on Education
 
        AN ACT to amend the education  law,  in  relation  to  requiring  school
          administrators in private schools to report allegations of child abuse
          in an educational setting
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2, 5 and 6 of section  1125  of  the  education
     2  law, subdivision 2 and 6 as added by chapter 180 of the laws of 2000 and
     3  subdivision  5  as  amended by section 1 of part E of chapter 501 of the
     4  laws of 2012, are amended to read as follows:
     5    2. "Child" shall mean a person  under  the  age  of  twenty-one  years
     6  enrolled  in  a  school  district  in  this  state,  other than a school
     7  district within a city having a population of one million  or  more,  or
     8  any  person  under the age of twenty-one enrolled in a private school in
     9  this state.
    10    5. "Educational setting" shall mean the  building  and  grounds  of  a
    11  public  school  district or private school, the vehicles provided by the
    12  school district or private school for the transportation of students  to
    13  and from school buildings, field trips, co-curricular and extra-curricu-
    14  lar  activities both on and off school district grounds, all co-curricu-
    15  lar and extra-curricular activity sites, and any  other  location  where
    16  direct contact between an employee or volunteer and a child has alleged-
    17  ly  occurred.  Such term shall not include a special act school district
    18  as defined in section four thousand one of this chapter which  shall  be
    19  subject to article eleven of the social services law.
    20    6. "Administrator" or "school administrator" shall mean a principal of
    21  a  public  or  private  school,  charter  school or board of cooperative
    22  educational services, or other chief school officer.
    23    § 2. The section heading and subdivision 1 of section  1128-a  of  the
    24  education  law, as added by chapter 180 of the laws of 2000, are amended
    25  to read as follows:
    26    Additional duties of superintendents and administrators.   1. Where  a
    27  superintendent  of  schools, or in the case of a private school a school
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14781-01-6

        A. 9705                             2
 
     1  administrator, forwards to law enforcement  a  report  as  described  in
     2  paragraph (a) of subdivision one of section eleven hundred twenty-six of
     3  this  article,  he  or  she  shall refer such report to the commissioner
     4  where  the  employee  or  volunteer  alleged to have committed an act of
     5  child abuse as defined in this article holds a certification or  license
     6  issued by the department.
     7    §  3.  Subdivision 3 of section 1133 of the education law, as added by
     8  chapter 180 of the laws of 2000, is amended to read as follows:
     9    3. Any superintendent of schools or school administrator  who  reason-
    10  ably  and in good faith reports to law enforcement officials information
    11  regarding allegations of child abuse or a  resignation  as  required  by
    12  this  article shall have immunity from any liability, civil or criminal,
    13  which might otherwise result by reason of such actions.
    14    § 4. This act shall take effect immediately.
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